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Dyanoosh Youssefi

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Should Bullies Really Be Punished By Criminal Law?

Posted: 10/24/2012 8:25 am

It has been just over a week since Amanda Todd's tragic and heart-breaking suicide, which she committed to end the pain from the endless torment of the bullies in her life. A week filled with the public's sadness, questions, and soul-searching. A week of outcries: "How did we stand by and let this happen?" "What can we do to prevent another Amanda Todd tragedy?" "Bullies should be punished immediately and harshly!"

And at the end of that week, suddenly and predictably, eight girls in London, Ontario, have been arrested for bullying another, and have been charged with criminal harassment.

We deservedly feel guilt and shame over Amanda's fate and our inaction as bystanders to other cases of bullying. But the desire to do something, and perhaps to relieve our sense of guilt, should not lead us to precipitously arrest every bully, without first exploring other avenues for resolving these conflicts.

Of the many options available to deal with bullying and bullies, the criminal law is the harshest, most punitive response we can use against anyone, particularly young people, who are still developing and often fighting their own emotional battles.

In our efforts to prevent another Amanda Todd tragedy, we must take care not to be too hasty in the use of our bluntest and most retaliatory weapon, the criminal law.

Our zeal must not render us bullies, as well.

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  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

  • People gather at a memorial honoring teen Amanda Todd in Maple Ridge, B.C., Monday, Oct. 15, 2012. Todd who was a victim of bullying took her own life last Wednesday.

Currently, we know very little about the London events that have led to the charges against the young women, or the emotional torment of their victim. Reports indicate that a female student was the victim of emotional, physical, and cyber-bullying -- all pointing toward another possibly tormented young life.

It may well be that the arrest and criminal charges against those eight girls in London is justified.
It may well be that all other options for dealing with this problem had been explored and tried, to no avail.

But it is equally likely that under pressure to respond forcefully to bullying, the police cast the net too wide and arrested too many people.

Did educators and parents try other, more effective, more empowering means of resolving the problem?

In general, the heavy hand of criminal law is a poor deterrent to most crimes. Its impact can be devastating to the accused and unhelpful to the victim. Worse still, criminally charging the perpetrators may end neither the bullying nor the suffering of the victim. Indeed, the teasing, the emotional harm, the disenfranchisement and the dislike of the victim may increase, especially if the kids arrested are popular, or if their friends and other community members believe that the accusations or arrests were unjustified or a disproportionate response.

There are alternative, more effective means of preventing and dealing with bullying. These means require the collaboration and involvement of parents, teachers, counselors and community members. They require changes in our habits and an examination of how we, as adults, speak about colleagues and peers. They require changes in our parenting styles: What shows we permit our children to watch; whether we talk to them about integrity and courage; whether we emphasize "coolness" over kindness.

Do we, as a community, use supportive processes that encourage accountability by those who have inflicted the hurt? Do we implement and use processes that facilitate communication by the victim, who may feel empowered by the chance to confront her tormentors? Do we search for the possible, underlying problems in the life of the bully that have led him or her to act meanly? Do we look for solutions that can help both the victims and the bullies and will be transformative for everyone?

These measures may appear more time-consuming, but in the end, they are likely to be far more effective than the threat and the risks of criminal charges.

Skip these efforts and immediately charge, criminalize and potentially imprison kids who have engaged in bullying, and we send our children the wrong message: "Your harsh and unforgiving behaviour will be met with even harsher and sometimes more draconian consequences."

It's like reacting to a four-year-old's hitting of a friend by spanking the four-year-old. "You are going to hurt someone else? Well, we are going to hurt you even more," we threaten.

Skip the other efforts and we are abdicating our responsibility as parents and as a community, and leaving everything to the heavy hand of the criminal law, which should only and always be used as a last resort.


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  • A Facebook post from <a href="https://www.facebook.com/photo.php?fbid=10151108737498527&set=pb.245559443526.-2207520000.1349995284&type=1&theater">G Force Gym - Home of the Vancouver All Stars</a>: "Today we feel the loss of our former VAS family member Amanda... I ask that we all watch her video and share her story so that her loss is not in vain. Allow this to be her legacy... Allow us all to look around & find the next Amanda before another precious spunky teenager is lost. We have a responsibility today... Is there a kid in your school that made a mistake and is being shunned? Your challenge is to be a LEADER ... Be the Game Changers you are and sit with them today... reach out... smile... let them know that they are NOT alone in this harsh world. It's always EASY to do the EASY thing; we teach you to NOT do what is easy and instead, do what is right!! You will be surprised, how many people will follow YOU when you stick up for what is Right and honorable AND, forgiving those that have made mistakes in their YOUTH is the RIGHT thing to do!! Please share Amands's Story... SHARE IT & LIVE IT!"

 

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It has been just over a week since Amanda Todd's tragic and heart-breaking suicide, which she committed to end the pain from the endless torment of the bullies in her life. A week filled with the pub...
It has been just over a week since Amanda Todd's tragic and heart-breaking suicide, which she committed to end the pain from the endless torment of the bullies in her life. A week filled with the pub...
 
 
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11:18 PM on 10/24/2012
Truly, I am so angry when I see all of the media attention that Amanda Todd's story has generated. I can recall that as a child nobody cared when the East Indian, Jewish, Black or Asian child was bullied in school. Today, much is the same. What about the way Muslim kids are targeted?
The media has no problem letting the public know when a gay kid or white kid is bullied... They are not the only ones being bullied!
Bullying will continue to go on until all children are treated with the same value. Minorities are bullied all the time, both in school and in the workplace. Why does the media not share these stories? We frequently hear the term "gay bullying", like that is the only form of bullying.
Get real... Until we believe in our hearts that we are all created equally and treat all victims with concern, then things are only going to get worse!
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Juanne Michaud
Proud Canadian, loony lefty
10:55 PM on 10/24/2012
It shouldn't come down to a case of either or.

I was (and am) very vocal about my belief that the person(s) who drove Amanda Todd to her death should be prosecuted to the full extent of the law.

(A somewhat shallow aside: I want a crown attorney as clever and inventive as Jack McCoy to go after these -- these -- dysfunctional DNA packets. Sorry -- just finished watching an old "Law & Order" episode.)

However, that does not mean that I don't think that intervention/education/counseling is useless. I support all the community initiatives that have proven to work.

I will add that I am somewhat cynical and I do not worship at the altar of psychology (even though I have been helped by it). Therapy is not a total cure-all.

I am old-fashioned enough to think that some people are just plain BAD, whether they be the parents of the bully, the bully him/herself or the culture that looks the other way or actively supports it (the attitude that it'll "toughen" the victim up, or it's something everyone has to go through, what's so special about you?) because the authority figure is a bully themselves and vicariously enjoys watching the victims' pain.

And if you think everyone in the educational system is benevolent, I've got a nice bridge in New York you might be interested in. :)
05:41 PM on 10/24/2012
With respect to the students that beat Amanda, there is a little thing called assault. It's a crime and I think it's applicable here.

To the wider issue of bullying: Amanda's case represents a monumental failure. Failure of the parents to instill character in their children. Failure of the school teachers and administrators to see the problem and address it. And most of all, failure of the students. Those who participated in the bullying, those who spectated, and those to turned their backs.

There are no heroes in this story.
05:10 PM on 10/24/2012
If we can eliminate the childhood self-esteem issues that motivate a bully, we will prevent the adulthood self-esteem issues that motivate conservative politics.
05:05 PM on 10/24/2012
All these documentaries about bullying, the bully's parents are always complete assh*les. Bullying is the result of bad parenting on behalf of the bully.
09:15 AM on 12/20/2012
I wouldn't say that it's always the parents' fault that someone is a bully. Parents can't control their kids as easily as they can control a pen writing on a sheet of paper.

The sad truth is that girls love bullies. They get attracted to them. They LOVE guys that pick on guys that are weaker than them. It makes them horny. And YES even teens and tweens get horny! As long as girls like bullies, there will be guy bullies in the world. And since no one can change what girls are attracted to, girls can't stop liking bullies, therefore there will always be male bullies.
01:50 PM on 12/20/2012
Children do not bully other children because it makes them appear attracive to the opposite sex, they become bullies because they have self-esteem issues. If there is one job a parent has it is to teach their child self-esteem.

If my dog go off his leash and attacked somebody else, my dog would be taken away from me and I would be charged. The same should be true of bullies and their parents.
05:04 PM on 10/24/2012
Their parents should be!
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Angus12
01:00 PM on 10/24/2012
So, what you're saying is pat the bully on head and try to get her/him to release their inner demons so this won't happen again. I suggest you try explaining your theory to the next set of parents while they are burying their daughter or son.
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Dyanoosh Youssefi
11:47 PM on 10/24/2012
Misunderstood me?

Criminal law should be reserved for the more serious cases, where other efforts have not worked.

My article is not about Amanda Todd. We know that Amanda Todd's family did much to try and help her. She moved, even. I don't know what anyone else did- if the information has recently come out, I haven''t see it. Assuming that people (schools, peers, etc.), did NOT act, then they are equally guilty. If they did really try to stop the harassment, and failed, then that is when it would be appropriate for the law to step in. Long before Amanda Todd ever had to go to a hospital...long before she had to move. That is when everyone should have gotten very serious.
12:49 PM on 10/24/2012
I'd like to agree with you, but I think you are wrong. I've seen the result of "collaboration and involvement of parents, teachers, counselors and community members". It always ends up with an angry bully and a terrified victim. The schools don't want to get involved, and will push the problem right back on the victim as quickly as possible. I trust the courts to work this out, and ensure any resulting punishment is fair, and the victim is safe.
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Dyanoosh Youssefi
11:40 PM on 10/24/2012
The courts are even a worse place to solve social problems. Seriously. And victims do no feel heard, satisfied, or emotionally restored by the process. Sometimes, I agree, the threat of legal sanction against the bullies could serve to protect the victim. But if all we do is charge people and punish them, it is very possible that things will get worse for everyone. If the schools don't want to be involved, then that's a huge problem. I am sure some parents also pretend it's not a problem. But prevention comes mostly before criminalization, not as a result of criminalization.

I was bullied earlier in life-- certainly not anything nearly as bad as what some kids face, especially with cyberbullying and its omnipresence, but charging those kids would not have helped them or me.

The criminal law ought to be reserved for the most serious cases where nothing else has worked.
12:12 PM on 10/24/2012
Should Bullies Really Be Punished By Criminal Law?

YES. If an adult bullies another adult, it's called harrassmnet, assault oreven attempted murder in some cases. These are criminal acts and should not be labelled as anything less because the perpetrators are under 18.
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PortlandZoo
Wait... what?
11:17 AM on 10/24/2012
whatever the solution, in the law or in our culture, something needs to be done. And with most gov'ts cutting social programs, women's programs, etc. it's not going to happen very soon. We have laws prohibiting hate speech, slander, stalking, threatening someone - and bullying is all of those things. Maybe a month in a military school for these bullies will straighten them out - being nice to them will not.
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Dyanoosh Youssefi
11:35 PM on 10/24/2012
A month in a military school or jail is likely to make the bullies into worse bullies. They'll just see that bullying is "justified" at times by society. Will they draw a distinction?
10:45 AM on 10/24/2012
Excellent piece. The knee-jerk reactions to tragedies like this can be profoundly harmful. We must remember that the bullies are children too. At the end of the day, our goal should be to teach all kids involved how to resolve conflict and grow into productive, considerate adults.
07:54 PM on 10/24/2012
That's what has been happening for the last few years - with no results. It is all talk and no action - that will never change unless authorities take a firmer stance, which is very doubtful when so many have your unrealistic attitude.
02:23 PM on 10/25/2012
I'm sorry, but this makes little sense. What about my attitude is unrealistic exactly? That we should carefully consider the consequences of our actions? That bullies can be corrected and grow up to be good people?

Keep in mind that the Amanda Todd case does not represent reality. The media only ever presents the most extreme cases. That's what people choose to read about. That's what sells papers. But there are many degrees of bullying. As a general rule, bullying does not destroy children's lives and push them to suicide.

If you want to convince me that criminal sanctions are the universal answer, then you have to show that it's both necessary and effective. And neither you nor the media has done so. I'm completely with the author on this one. The police and courts should get involved in only the most extreme cases.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
10:37 AM on 10/24/2012
I agree that the law must not be a bully in charging or punishing bullies. It is worth noting that it is sometimes by laying charges that the police and social services have the authority to find out if the bully is a victim of abuse as well and can remove the bully from a bad home.

It is also important to realize the bullying often consists of actions that should be called by their real legal names: stalking, sexual harassment, vandalism, assault, aggravated assault, extortion, theft.
10:31 AM on 10/24/2012
i don't really know what to think about bullying. one thing i know is that it should be on a case-by-case basis and that often children don't really know what they are doing. adults, however, certainly do. you always hear of someone, 20 years later, saying they "regret what they did to so and so, and that they shouldn't have done it etc..etc..." but children are largely a product of their families and friends, and as an educator i can tell you that schools mostly are at a loss over what to do. they tend to implement blanket clauses and rules, "with no exceptions." but what happens if the offenders parents are more objectionable than the school-yard bully? should there be a punishment for bad parenting? bad education at home? there is only so much schools and accredited educators can, and should, do and be responsible for.

i'm not saying NO action at the legislative level should be taken but, for sure, we have to be wary of the hype surrounding these incidents and realize that they don't just appear out of thin air at school. look at the media, corporations, our values, and our families and parents before we start throwing laws down.
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Dyanoosh Youssefi
11:33 PM on 10/24/2012
Absolutely. We cannot paint everyone with the same brush. It is good to have policies and guidelines based on information and sound reasoning-- but every case IS different. Some cases can be resolved with real, engaged involvement of others (bystanders, parents, the school, etc.) There will, on occasion, be cases where the bullying is serious, persistent, and where the bullies are not responding to any other attempts to change their behaviour. Those cases could be appropriate for criminal law.
10:21 AM on 10/24/2012
Well, although I disagree with your overall position, I think we agree on why police got involved. Because educators and parents do NOTHING to help bullied teens. I've heard stories of schools, who were aware of bullying, decided the best solution would be for the victim to get to leave school a few minutes early to get a "head start". THIS is what schools think is handling the problem.

Now granted, there are grey areas outside of school property, where schools have little power over what happens. But why not detention for the bullies keeping them late? Why not suspension for every time the bullying is brought to light thereby making an example of the bully for the rest of the school.

But the reality we are seeing is bullying now extends beyond the schoolgrounds where the law is the only real authority protecting kids. And bullying, the way I see it, IS criminal harassment and assault. That is illegal and if it occurs, charges should be pressed immediately.

Parents? They either have no clue or turn a blind eye or are the reason their kid is a bully to begin with. I once broke up what looked like a bad, bullying sitatuion and 20 minutes later the mom showed up at my house to yell at me. So parents are often the problem....even if they think their own intentions are good. I'm sure their attitude is going to be different if the cops show up at the door.
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Dyanoosh Youssefi
11:29 PM on 10/24/2012
Mools, it does sound awful that the solution would be to have the victim get a head start. Based on the facts you've given, I agree that it is the others who should stay behind. (unless there was a discussion, and the victim wanted to leave first, and that was the best thing for her at the time.)

I agree that there are times when parents not only are NOT helpful, they are part of the problem. In fact, the kids who are serious bullies are likely to be growing up in families where there is bully parents. Having said that, some parents may genuinely be unaware of the extent of their kid's actions, and may try to deal with it appropriately.

The point is that criminal law should not be the first response. Otherwise, we could end up with the same horrible situation that we had with "zero tolerance," where we criminalized, jailed, and sometimes destroyed the lives of children for years because of the kinds of acts and pranks that 20 years ago would have resulted in no action or just a talk (say, taking our the fire extinguisher and spraying it in an empty classroom).

Not every case of an act that could technically be considered illegal should necessarily fall into the criminal justice system.

And, as you did, I think that bystanders should intervene when appropriate. I have done so a number of time.

I don't think that that would apply to all parents, however.
10:10 AM on 10/25/2012
I definitely agree that it shouldn't be the first response.  My main concern is the potential for abuse if police/authorities are over zealous in their crack down on bullying.  Is it possible for kids to then abuse the system itself to bully others only instead of name calling and fights, they send make false charges and send the police. 
 
But I do think much more needs to be done than the seemingly 'nothing' that has been.  And I think until schools or parents start taking this issue more seriously, the cops are probably going to end up filling the gap.
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Ike Awgu
10:20 AM on 10/24/2012
This problem (bullying) will never be solved because most people have no honest interest in its root causes. And the root cause of bullying that leads to suicide can be found in the broken homes that many of the kids who kill themselves come from and many of the bullies are raised in. People who care more about the feelings than the facts however, will blame everyone (and everything) but parents and the disintegrating traditional family. They'll blame poverty, they'll blame 'culture', they'll blame 'society', they'll blame the ozone layer - anything but the parents who are failing their children.